Books

Justin the First : an introduction to the epoch of Justinian the Great

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Vasilʹev, A. A. (Aleksandr Aleksandrovich), 1867-1953
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The making of Domesday book

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Galbraith, V. H. (Vivian Hunter), 1889-1976
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Moravians in two worlds; a study of changing communities

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Gollin, Gillian Lindt
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Historical archaeology / by Ivor Noël Hume

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Noël Hume, Ivor
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England in the reign of Charles II

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Ogg, David, 1887-1965
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The Civil Rights Commission, 1957-1965 / Foster Rhea Dulles

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Dulles, Foster Rhea, 1900-1970
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Railroads and the Granger laws [by] George H. Miller

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Miller, George H. (George Hall), 1919-2011
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The road to Nuremberg / Bradley F. Smith

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Smith, Bradley F
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The Prosecutor’s Contribution to Wrongful Convictions

A prosecutor is viewed by the public as a powerful law enforcement official whose responsibility is to convict guilty people of crimes. But not everybody understands that a prosecutor’s function is not only to win convictions of law-breakers. A prosecutor is a quasi-judicial official who has a duty to promote justice to the entire community, including those people charged with crimes. Indeed, an overriding function of a prosecutor is to ensure that innocent people not get convicted and punished.

A prosecutor is constitutionally and ethically mandated to promote justice. The prosecutor is even considered a "Minister of Justice" who has a constitutional, statutory, and ethical duty to ensure that a defendant is convicted on the basis of reliable evidence in proceedings that are fair. Nevertheless, some prosecutors deviate from these rules and engage in conduct that distorts the fact-finding process and produces erroneous convictions. Indeed, if a prosecutor is motivated to zealously win a conviction by any means, and engages in conduct that either intentionally or carelessly undermines the integrity of the fact-finding process, the prosecutor inescapably will bring about the conviction of a defendant who is actually innocent.

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Ethnic Identity and Working Alliance in Psychology Supervisory Relationships

With the increasing percentage of non-mainstream (e.g., ethnically diverse) individuals studying and practicing psychology, research on race and ethnicity is critical towards understanding their role in professional development. Recent studies have demonstrated the importance of incorporating discussions of racial attitudes and culture in counseling supervision. Racial and ethnic identities have been suggested as potential facilitators or inhibitors in supervisory relationships. Racial identity (RI) development has been found to be related to supervisors' and supervisees perceptions of the supervisory working alliance. Supervisory dyads where both the supervisor and the supervisee have high levels of RI development have been found to have the strongest supervisory working alliance (i.e., most satisfied with the relationship). Conversely, dyads in which both members have low levels of RI development have been found to be the least satisfied with their relationship (Bhat & Davis, 2007; Ladany, Brittan-Powell, & Pannu, 1997). This study examined whether similar relationships exist between ethnic identity (EI) development and the supervisory working alliance. The sample included 164 participants, 68 supervisors and 96 supervisees. Analyses on supervisory dyads included 64 dyads, 57 supervisors and 60 supervisees. All participants completed the Ethnic Identity Scale to measure their level of El development. Supervisors and supervisees in supervisory dyads were assigned to interaction groups based on their level of EI development. Supervisors completed the Supervisory Working Alliance Inventory and supervisees completed the Supervisory Working Alliance Inventory - Trainee Version to measure the working alliance in counselor supervision. Results revealed that supervisors and supervisees did not differ significantly in their level of EI development. There was a significant difference found between supervisors and supervisees level of El affirmation (i.e., their feelings toward their ethnicity). In contrast to prior findings with RI development, a relationship was not found between EI development and the supervisory working alliance. Reliance on supervisor/supervisee self-report rather than their perceptions of each other's EI development may have contributed to disparate findings. In order to obtain less biased data, future studies should include participants' assessments on all of their supervisory relationships instead of allowing them to self-select individual supervisors/supervisees.^

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Attachment Transmission: Effects of Therapist Attachment Style on the Therapeutic Relationship

This study explored the relationship between attachment style and attachment in particular relationships. Specifically, this study compared the relationship between outpatient therapy patients' general adult attachment style and their attachment to their therapist. In addition, therapists' adult attachment style was investigated as a moderator between patients' global attachment and attachment to therapist. Attachment was conceptualized along two dimensions: attachment anxiety and attachment avoidance. It was hypothesized that patient's global attachment style and attachment to therapist would be positively correlated, and that therapist's attachment style would moderate the relationship between patient's global attachment and attachment to therapist. Participants included 50 patient-therapist dyads (N=50 patients, 75 therapists) from an outpatient clinic at a large, urban university. Results revealed that patients' global adult attachment style was positively correlated with attachment to their therapist. Also, therapists' attachment anxiety was found to moderate the relationship between patients' global attachment anxiety and therapist-specific attachment anxiety in female patients. No such results were found for male patients or on the attachment avoidance dimension.^

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Conferring Dignity: The Metamorphosis of the Legal Homosexual

The legal homosexual has undergone a dramatic transformation over the past three decades, culminating in United States v. Windsor, which struck down Section 3 of the Defense of Marriage Act (DOMA). In 1986, the homosexual was a sexual outlaw beyond the protection of the Constitution. By 2013, the homosexual had become part of a married couple that is “deemed by the State worthy of dignity.” This Article tells the story of this metamorphosis in four phases. In the first, the “Homosexual Sodomite Phase,” the United States Supreme Court famously declared in Bowers v. Hardwick that there was no right to engage in homosexual sodomy. In the second, the “Equal Homosexual Class Phase,” the Court in Romer v. Evans cast the legal homosexual as a member of a “class of citizens” whose exclusion from anti-discrimination protections the Constitution could not tolerate. In the third, the “Free Intimate Bond Phase,” the Court shifted its focus in Lawrence v. Texas to an enduring intimate bond involving private sexual acts protected from government intrusion. In the fourth and current phase, the “Dignified Married Couple Phase,” the Court in United States v. Windsor validated the decision of several states to “confer” upon homosexuals “a dignity and status of immense import.”

The heart of the Article is an analysis of this final phase. Although Windsor is an important civil rights victory, the Court’s opinion ushers in important consequences for the legal homosexual. In the process of dignifying the same-sex couple, the Court erased the terms “homosexual” and “lesbian,” cast marriage as an elevated moral state, and, most importantly, promoted a concept that the Article calls a “weak dignity.” Windsor’s dignity is weak in three ways. First, human dignity was not understood by the Court as inherent in all humans. The Court instead assumed that the State confers dignity upon individuals. Second, Windsor’s concept of dignity is much narrower than theories promoted by contemporary moral and legal philosophers. Third, Windsor adopted a rhetoric of injury and pity that presents all those in same-sex relationships and their children as the wounded and humiliated victims of DOMA. The Article concludes with suggestions on how advocates and courts applying Windsor can employ the concept of equal dignity while moving beyond Windsor’s weaknesses.

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How Derrick Bell Helped Me Decide to Become an Educator, Not Just a Faculty Member

Way ahead of the current chorus of critique of American legal education, Derrick Bell was a fierce, but lucid and incisive, critic of every aspect of American legal education, from law professors’ inadequacies, to the repetitive passivity of the law school classroom, to the financial exploitation of students, to the negative consequences of the tenure system. Dean Bell did not merely voice these concerns, he creatively structured his own courses to make them more relevant, effective, and student-centered. The author’s chance encounter with Dean Bell’s 1982 article, The Law Student as Slave, which presaged later calls for wholesale reform of legal education like the Carnegie Report, was transformative.

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Horton the Elephant Interprets the Federal Rules of Civil Procedure: How the Federal Courts Sometimes Do and Always Should Understand Them

In Shady Grove, the Court considered whether a federal class action was maintainable in a diversity case where state law forbade class actions. The justices were sharply split into shifting majorities. One majority concluded that Rule 23 was not substantive for REA purposes and that it applied, but its members could not agree on why. Four justices thought it was proper to look only at the Federal Rule in question to see whether it addressed substance or procedure on its face. A different majority supported an approach to REA questions that required evaluating state law to determine whether the Federal Rule was substantive. Because those justices forgot the lesson of Hanna v. Plumer, the seminal 1965 REA case, their approach introduced new uncertainties to an area that had been clearer--which was a mistake. The Court's approach to Federal Rules problems from Hanna, in 1965, until Shady Grove, in 2010, is preferable. It provides a historically justifiable bright-line test for how to read a Federal Rule--as concerning only matters to which the Rule directly speaks.

This Article proceeds in four further Parts. Part II briefly summarizes the Erie doctrine and canvasses the Court's approach to the Federal Rules from 1938, when they took effect, to 1965, when the Court decided Hanna. Part III takes a close look at Hanna, which declared that a Federal Rule must speak with read-my-lips clarity to apply to an issue. Hanna did not say that federal courts may read a Rule for more than appears on its face, and Walker v. Armco Steel Co. continued that approach. Part III also discusses the implications of the Hanna analysis and subsequent cases that have applied Hanna's approach. Part IV briefly canvasses the opinions in Shady Grove with respect to the two approaches to REA questions. Part V argues that the Hanna-Walker line of cases exemplifies the proper method of inquiry under the REA and that REA questions need not be as hard as the Court, particularly in Shady Grove, has made them look.

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